FERS & CSRS Disability Retirement for Federal and USPS Workers: Striving for an Unobtrusive Life of Quietude

When first entering the adversarial universe of trial lawyers, a kindly but seasoned opposition who easily made foolish mincemeat out of the flustered composite of inexperience and youthful exuberance, but later approached to compliment the young whippersnapper to give some sagely advice: “You have a yellow pad. That is good. You kept looking down at it as if it was a security blanket. That is revealing”.

Whenever I see a man with a roadmap, and it is my job to disrupt the travel route from Point A to Point Z, it makes my job easier to make the opposition take some circuitous routes to force the journeying adversary onto more interesting pathways, to make him take in the sights and travel in a zig-zag manner, rather than in the straight line he desires to take. Point taken.

Revealing too much can have the negative effect of allowing the opposition to know one’s travel route; and if the purpose of one’s mission is to make miserable any goal-tending individual and preventing him or her from attaining a life of unobtrusive quietude (as is often the superficial purpose in life of Supervisors, Managers and other minor dictators who control multiple miniature fiefdoms throughout the Federal and Postal Sectors of employment), then providing an insight into one’s itinerary is like posting a copy of the newly discovered treasure map on Facebook and expecting secrecy because you clicked on a few privacy settings.

It is, indeed, a sad world in which we live; for, if the goal of most is merely to attain an unobtrusive life of quietude, the minimalism of expectation is for each to respect the privacy-space of one another. But perhaps that is asking too much of humanity.

For Federal and Postal employees, whether under FERS or CSRS, who suffer from a medical condition such that the medical condition has interrupted the unobtrusive life of quietude, filing for FERS Disability Retirement benefits through one’s agency (if one is not yet separated from Federal Service, or has been but still within 31 days of such separation) is the administrative requirement. If separated for more than 31 days, then the Federal Disability Retirement application needs to be filed directly with the U.S. Office of Personnel Management.

In either event, of course, all Federal Disability Retirement applications end up at OPM.  But in so doing, timing, the extent of any prefatory information to be revealed to the agency; to whom; for what purpose; and the ultimate question: When? These are all questions and concerns which must be dealt with in a sensitive, thoughtful manner, and particularized to each situation.

Mapping out a strategy on the proverbial yellow pad is an intelligent approach to take; providing a copy of what one has prepared, to whom, when, and to what extent, will determine whether one’s journey is an unobtrusive straight line from point A to point B, or a zig-zagging line of confusions beset with multiple points of disquietude.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Basics & Complexity

Appearance versus reality; ease of effort as opposed to great physical exertional requirements; basic components which make up for a complex composite — the inverse/converse of oppositional forces may seemingly contradict each other, but in most cases, they are entirely compatible.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial encounter with the multiple forms which must be completed, the complexity of the questions requested to be responded to — with the underlying sense that each question contains an implicit “trickiness” where the government is attempting to either cage you into a corner you do not necessarily want to be pushed to, or otherwise to state things which cannot be answered in such simplistic format — all betray a conundrum:  Is it as simple as the questions appear?  Or is the complexity hidden in the appearance of such simplicity?

Then, of course, a partial answer will surface when a Federal Disability Retirement application is denied by OPM at the First Stage of the process:  all of a sudden, various legal criteria are cited; standards of proof heretofore unmentioned are recited like a litany from a food recipe; and by the way, if it gets denied again, you get to read through a thick legal packet concerning your “appeal rights” from the U.S. Merit Systems Protection Board.

Yes, it appears simple; it’s only that the complexity remains hidden in the compendium of laws, statutes and regulations which undergird the entirety of the complex administrative procedure encapsulating Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Clarity in the Minefield of Procedural Opposition

Preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, can be a daunting and intimidating process without the opposition — whether intended or not — from one’s Agency or the U.S. Postal Service.  With such “opposition”, life can be made that much more difficult unless one knows one’s rights and the legal obligations of the Agency.  Human Resources Departments of various agencies often reveal peculiar characteristics.

On the one hand, the original raison d’être (the originating reason or purpose for existing) was presumably to assist the employees of the Agency in any and all personnel matters — from payroll issues, to job classification concerns, to preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management.  However, whether it is because “Management” co-opts the personnel in the Human Resources Department; or whether the employees in an Agency Human Resources Department merely take it upon themselves to become contrary and resistant to the needs and concerns of the very employees for whom the H.R. Department’s originating reason for creation are there for; regardless, it has become a commonplace paradigm that there exists an oppositional attitude towards the Federal or Postal employee filing for Federal Disability Retirement benefits under FERS or CSRS.

Recognizing this “fact” is important before proceeding down the administrative morass of filing for Federal Disability Retirement benefits under FERS or CSRS.  Once recognized, it is important to be prepared to understand how one will, and must, maneuver through the administrative procedures in order to reach the ultimate goal — a favorable decision from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire